The Bombay High Court on Monday granted bail to lawyer-activist Surendra Gadling in the Elgar Parishad Maoist links case, taking note of his prolonged incarceration of nearly eight years, as well as the fact that the trial was yet to commence in the matter.
The Division Bench of Justice Ajay Gadkari and Justice Kamal Khata ordered Gadling’s release on bail, subject to standard conditions similar to those imposed by the special court on other co-accused in the case, such as Hany Babu. The Bench passed the order in the open court, observing that prolonged incarceration as an undertrial prisoner was a valid ground for relief.
Senior Advocate Sudeep Pasbola, appearing for Gadling, pointed out that the accused has remained in custody since June 6, 2018. He argued that continued detention without commencement of trial violated the constitutional guarantee of personal liberty under Article 21 and ran contrary to the principle of a speedy trial.
The National Investigation Agency (NIA) opposed the plea, highlighting Gadling’s alleged past antecedents. It referred to his involvement in the 2016 Surajgarh arson case in Gadchiroli district, wherein he was accused of hatching a criminal conspiracy and alleged destruction of property, including the burning of over 80 trucks and motorcycles, transporting iron ore from the Surajgarh mines.
Appearing for NIA, Additional Solicitor General (ASG) Anil Singh apprised the High Court that Gadling was formally arrested in the Surajgarh arson case on March 18, 2016, while he was already in custody in the Bhima Koregaon violence case.
The High Court, however, granted bail in the present case despite these objections, focusing on the length of incarceration and delay in trial proceedings.
Despite the grant of bail, the lawyer-activist is likely to remain in custody as his bail application in the Surajgarh arson case is currently pending before the Supreme Court.
Gadling was among the first to be arrested by the Pune Anti-Terrorism Squad in June 2018 in connection with the Elgar Parishad Maoist violence case. The agency filed its initial charge sheet in November 2018, followed by a supplementary charge sheet in February 2019 after securing an extension of time. The probe was subsequently transferred to the National Investigation Agency, and proceedings have since been conducted before a designated special NIA court in Mumbai from 2020 onwards.
Gadling had earlier sought default bail under the statutory framework; however, his plea was rejected by the special court. The decision was later upheld by the Bombay High Court and the Supreme Court. With this order, the lawyer-activist has become the last accused to secure bail in the matter. Several of the accused were earlier granted bail on various grounds, including medical conditions, prolonged incarceration, and parity with co-accused. Stan Swamy, one of the accused, died in custody while the proceedings were still pending.
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